Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09) [2010] ZALC 286 (30 May 2010)

Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09) [2010] ZALC 286 (30 May 2010)

The court found that both claims arose from the same facts and parties and that consolidation was just and expedient. The applicant's travel claim was dismissed as the respondent had already paid amounts not owed, and the applicant possessed the employment particulars sought. The respondent's application for condonation of the late answering affidavit was granted due to good cause and lack of prejudice to the applicant. The respondent's counter-claim for repayment of travel expenses succeeded. The conduct of the applicant's attorneys was vexatious and contemptuous, justifying a costs order de boniis propriis against Jansens Inc. The Registrar was directed to provide a copy of the reasons...

Citation
[2010] ZALC 286
Parties
Applicant: Solane Matoto Reuben; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 May 2010
Case Number
J343/09, 344/09
Procedural Posture
Civil Application / Hearing and Judgment
Outcome
The applicant's consolidated claims are dismissed. The respondent's counter-claim succeeds. Costs de boniis propriis are awarded against the applicant's former attorneys.
Judges
Bhoola
Legal Topics
Basic Conditions of Employment Act, Condonation, Costs De Boniis Propriis, Consolidation of Claims, Travel Expenses, Particulars of Employment
Labour Law Basic Conditions of Employment Act Condonation Costs De Boniis Propriis Consolidation of Claims Travel Expenses Particulars of Employment

Case Brief

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Parties

Solane Matoto Reuben

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Civil Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to payment of travel expenses under section 77 of the BCEA.
  2. 2 Whether the applicant is entitled to an order compelling the respondent to provide employment particulars under section 31 read with section 78(1)(e) of the BCEA.
  3. 3 Whether the respondent's late filing of its answering affidavit should be condoned.

Ratio Decidendi

The court found that both claims arose from the same facts and parties and that consolidation was just and expedient. The applicant's travel claim was dismissed as the respondent had already paid amounts not owed, and the applicant possessed the employment particulars sought. The respondent's application for condonation of the late answering affidavit was granted due to good cause and lack of prejudice to the applicant. The respondent's counter-claim for repayment of travel expenses succeeded. The conduct of the applicant's attorneys was vexatious and contemptuous, justifying a costs order de boniis propriis against Jansens Inc. The Registrar was directed to provide a copy of the reasons...

Court Disposition

The applicant's consolidated claims are dismissed. The respondent's counter-claim succeeds. Costs de boniis propriis are awarded against the applicant's former attorneys.

Orders

  • The application for consolidation is granted.
  • Condonation is granted for the late filing of the respondent’s answering affidavit.